Losing a loved one is never easy, and when that loss is tied to a work-related injury or illness, it can feel even more overwhelming. On top of the emotional toll, families are often left dealing with financial challenges. Fortunately, California’s Worker’s Compensation program provides death benefits to help ease some of the financial strain. This guide will walk you through what death benefits are, who can claim them, and what kind of compensation may be available.
What Are Death Benefits?
Death benefits are financial payments made to the dependents of a worker who passed away due to a work-related injury or illness. The idea behind these benefits is to help replace part of the income the family relied on, making the financial burden a little easier to manage. California’s Workers’ Compensation system is no-fault, meaning it doesn’t matter whether the employer was at fault – the benefits are there to support the family.
Who Can Get Death Benefits?
The key question is: Who’s eligible? Here’s a simple breakdown:
- Spouses: If you were married to the worker or were their registered domestic partner, you’re considered a full dependent and eligible for benefits.
- Children: Minor children (under 18) or disabled children are also full dependents.
- Other Dependents: Relatives like parents, siblings, or grandchildren may qualify for benefits if they were financially dependent on the worker for at least half of their support. How much they receive depends on their level of dependency.
How to Claim Death Benefits
If you’re a dependent looking to claim death benefits, the process generally involves these steps:
- Filing a Death Claim: You’ll need to file a Workers’ Compensation claim (Form WC-DEAT) with the Division of Workers’ Compensation (DWC). You can get the form online or by calling 1 (800) 731-3452.
- Waiting for Employer Response: The employer or their insurance company has 14 days to accept or deny your claim. If denied, you have the right to request a hearing before a Workers’ Compensation Administrative Law Judge (WCJ).
- Calculating the Benefits: Once the claim is approved, the DWC will determine the amount of benefits based on the worker’s wages and the number of dependents.
What Compensation Can You Expect?
There are two main types of compensation available under California’s Workers’ Compensation death benefits program:
- Dependency Benefits: This is the primary financial support, calculated at two-thirds (66.7%) of the worker’s average weekly earnings. There are maximum limits based on the number of dependents:
- One Dependent: $250,000
- Two Dependents: $290,000
- Three or More Dependents: $320,000
- These benefits are usually paid in installments, with a minimum payment of $224 per week. For minor children, payments may continue until they turn 18, or for life if they are disabled.
- Burial Expenses: The employer or insurance company will cover reasonable funeral and burial costs, up to $10,000.
Things to Keep in Mind
- Time Limits: You have one year from the date of death to file a Workers’ Compensation death claim. Don’t let the deadline slip by.
- Legal Help: The process of securing death benefits can be tricky, especially if the claim is denied. It’s worth talking to a Workers’ Compensation attorney to help you navigate the process and get what you’re entitled to. If you’re looking for an attorney, check out the Top 10 Workers’ Comp Attorneys for guidance.
- Other Benefits: Depending on the situation, surviving family members might also qualify for Social Security survivor benefits or a wrongful death lawsuit outside of Workers’ Compensation. It’s a good idea to explore all your options.
Losing a loved one in a work-related accident is heartbreaking, but California’s Worker’s Compensation death benefits can help lighten the financial load. Understanding the eligibility requirements and how the process works is essential. This guide is just the first step, and working with an experienced Workers’ Compensation attorney can ensure you receive the full benefits you deserve.
If you have any questions about a work injury or the death benefits process, reach out to us for a free consultation. We’re here to help.